NOTICE
TO ALL CITIZENS OF WAYNE TOWNSHIP, ALLEN COUNTY, INDIANA
POOR
RELIEF ASSISTANCE STANDARDS, ELIGIBILITY, AND PROCEDURES
(adopted by the Board July 2006)
1.00.00
OFFICE HOURS: 8:00
a.m. - 4:00 p.m.
Monday
thru Friday
OFFICE
ADDRESS:
320 East Superior Street
Fort
Wayne, Indiana 46802
TRUSTEE: Matthew P. Schomburg
1.00.01
TELEPHONE LISTING - (Phone number [260] 449-7000).
The Township telephone number is listed in the "White Pages",
under the Township's name. The
Township answering machine will answer your call when the office is closed,
provide you with additional information, and record your message. We will try to return your call within 24 hours (excluding
weekends and Holidays). (IC
12-20-5.5)
1.00.02
ASSISTANCE UPON NECESSITY -
Sec. 1. A township trustee, as administrator of poor relief, may provide and
shall extend poor relief only when the personal effort of the poor relief
applicant fails to provide one (1) or more basic necessities
IC 12-20-16-1
1.10.00
APPLICATIONS - An individual desiring to make an initial application for
assistance from the Township should call to make arrangements. Individuals will be informed of the services available and
the criteria used to determine eligibility.
They will be given a list of the documents and/or information needed to
complete an application and affidavit (see Schedule A).
It is the ultimate responsibility of the applicant and/or members of
applicant's household to furnish all necessary documentation.
Except under special emergency conditions, no poor relief will be
granted at any time except by a personal request at the Trustee's office.
Wayne Township
has developed an alphabetical application schedule as listed below.
The first letter of the client’s last name determines his or her
letter day.
A
thru F
MONDAY
G thru L
TUESDAY
M thru R
WEDNESDAY
S thru Z
THURSDAY
FRIDAY
- EMERGENCY (APPOINTMENTS ONLY)
Letter
days do not apply when requesting medical, burial or food assistance only.
Availability of personnel and time constraints may necessitate the
re-scheduling of walk-in clients.
1.10.01 RECERTIFICATION - During the 180 day period that the
application is in effect, there may be several different requests for
assistance and eligibility may change during that time.
Therefore, the Township Trustee may not extend additional or continuing
aid to an individual or a household unless the individual or household files
an affidavit (see Schedule B)
with the request for assistance affirming how, if at all, the personal
condition of the individual or the household has changed from that set forth
in the individual's or household's most recent application.
(IC 12-20-6-1 (d))
1.20.00 COOPERATION -
All household members 18 years of age and older will be required to sign the
"APPLICATION FOR RELIEF - FORM PR-1" and any other form, instrument
or document required by law, or determined necessary by the trustee (IC
12-20-6-8). Individuals pending a
determination for Supplemental Security Income benefits will be required to
sign a Social Security Reimbursement Authorization form (see Schedule C)
for interim assistance reimbursement. They
must also consent to a disclosure and release for information about the
applicant and the applicant's household before poor relief may be provided (IC
12-20-7-1). This application is
effective for 180 days. Applicants
will be required to complete the application by their own hand.
If applicants cannot read, or has difficulty completing this process,
they may have a friend or relative assist them.
The household will be required to cooperate with an investigation of
all finances, family responsibilities, and their eligibility to receive other
types of governmental assistance. The
investigation may include a home visit and/or contact with their relatives who
may be able and willing to assist them. (IC
12-20-6-9 (9)) and (IC 12-20-6-10 (b)). A
"relative" is defined as the parent, stepparent, child, stepchild,
sibling, grandparent, step-grandparent, grandchild, or step grandchild of a
poor relief applicant.
1.30.00
APPLICATION
REVIEW - In a case of emergency, the Trustee shall accept and promptly act
upon a completed application from an individual requesting assistance.
In a non-emergency request for poor relief assistance, the Trustee
shall act on the application not later than seventy-two (72) hours after
receiving the application, excluding weekends and legal holidays.
Unusual circumstances (e.g. incomplete information) concerning the
household may necessitate an additional seventy-two (72) hour period, which
will be called "pending" and reasons will be given that assistance
was "pended". The Trustee may also grant or deny assistance. (IC
12-20-6-7)
1.30.01
REFERRALS - If the Trustee authorizes poor relief assistance on an
emergency basis and refers the applicant or a member of the applicant's
household to make application for another governmental program, the client has
fifteen (15) working days after the date the poor relief is authorized to make
application for public assistance and comply with all the requirements
necessary for completing the application process.
An applicant or member of the household who fails to file an
application will NOT be granted poor relief assistance for sixty (60) days
following the grant of poor relief assistance on an emergency basis.
(IC 12-20-6-5)
1.30.02
NON-EMERGENCY REFERRALS - If, before granting poor relief (not on
an emergency basis), the Township determines that an applicant or a member of
an applicant's household may be eligible for public assistance other than poor
relief, the applicant or household member shall make an application and comply
with all necessary requirements for completing the application process for
public assistance administered by {1} the Division of Family and Children and
county offices; {2} any other federal or state governmental entity, within
fifteen (15) working days after the Township's referral, or poor relief
assistance will be denied for sixty (60) days.
(IC 12-20-6-5-5)
1.30.03
NOTICE OF ACTION - The applicant will be given a written notice of
the Township’s decision. If assistance is granted, whether wholly or partially, the
amount and type of assistance will be noted in writing. If assistance is denied, the reasons for the denial will be
stated, along with the type and amount of assistance denied.
The denial notice will be on FORM PR1A (see Schedule D).
This will inform the applicant of their right to appeal the Trustee's
decision not more than fifteen (15) days from the date of issuance by the
Trustee. This appeal must be made
in writing or orally to the Office of the Allen County Commissioner's City
County Building. The
PR1A may be presented to the applicant or sent to them, at their last known
address. (IC 12-20-6-8) and
(IC 12-20-15-2).
1.40.00
DENIALS - Denial of assistance is automatic for one or more of the
following reasons:
1.40.01
Falsifying application/affidavit and/or providing false information to
gain assistance. This includes, but is not limited to, failure to report
income, or under reporting income. If
the Trustee finds that an individual has obtained poor relief from any
township by these actions or means of conduct described in IC 35-43-5-7
(Welfare Fraud), the Trustee may refuse to extend aid for sixty (60) days.
(IC 12-20-6-6.5)
1.40.02
Failure to actively seek employment and/or accept gainful employment
when offered, whether the compensation for the work will be payable in money,
house rent, or in commodities consisting of the necessities of
life. The Trustee may
refuse to extend aid for sixty (60) days.
The Trustee will require applicants or any member of the applicant's
household to furnish documented evidence that they are actively seeking
employment by completing an employment form (see Schedules E).
Willful failure to return employment forms will result in denial.
(IC 12-20-10-1) and (IC 12-20-10-2)
1.40.03
An applicant, or an adult member of an applicant's household, voluntarily
terminating gainful employment, or being involuntarily terminated for just
cause, or failure to pass a potential employer’s drug screening test.
The Trustee shall not be obligated to provide poor relief benefits to
or for an applicant's household for a period of sixty (60) days.
(IC 12-7-2-200.5)
1.40.04
Failure to accept adequate, free or low cost shelter arrangements
provided by relatives or others. Denial will be up to sixty (60) days. (IC 12-7-2-200.5)
1.40.05
A denial will be given for shelter assistance to an otherwise eligible
individual if the: {1}
individual's most recent residence was provided by the individual's parent,
guardian, or foster parent; and {2} individual, without just cause (as
determined by the Trustee), leaves that residence for the shelter for which
the individual seeks assistance. (IC
12-20-16-17 (g))
1.40.06
Excess income as established by these guidelines (see Schedule F)
1.40.07
Failure of an applicant or applicant's household to participate in a
work training program offered by a federal, state, or local government entity
or Act, or nonprofit agency (IC 12-20-12-1).
The Trustee is not obligated to an applicant or to provide assistance
to adult members of an applicant's household who is a full-time student (IC
12-20-10-1).
1.40.08
Failure of an applicant or applicant's household, within fifteen (15)
working days of the Trustee referral, to make and complete the application
process for other governmental programs for which they may qualify or failure
to participate or comply, after being referred by the Township, in a program
offered by any other public or private agency.
Denial up to sixty (60) days. (IC
12-20-6-5) and (IC 12-20-6-5.5).
1.40.09
Violence, threats of violence, or abusive language used in or around
the Trustee office or premises. The
Trustee will also not provide assistance to an individual who at the time
assistance is requested is: {1} under the influence of drugs or alcohol; or
{2} incapable of self-care. Furthermore, the Trustee may, at no cost to the
Township, refer an individual described above, to an appropriate agency or
facility located in the county or in an adjoining county that has a program or
charter specifically addressing the programs of substance abuse, mental
illness, or self-care. (IC 12-20-7-2 (f))
1.40.10
Wasting resources which could and should have been applied to the
household's basic necessities.
"Wasted
Resources”, for purposes of 12-20, means:
(1) the amount of money or resources expended by an applicant or adult
member of an applicant’s household seeking township assistance during the
thirty (30) days before the date of application for township assistance for
items or services that are not basic necessities;
(2) income, resources, or tax supported services lost or reduced as a
result of a voluntary act during the sixty (60) days before the date of
application for township assistance by an adult member of an applicant’s
household unless the adult member can establish a good reason for the act; or
(3) lump sum amounts of money or resources from tax refunds, lawsuits,
inheritances, or pension payments of at least four hundred dollars (400) that
are expended by:
(A) an applicant seeking township assistance; or
(B) an adult member of the applicant’s household;
during
the one hundred eighty (180) days immediately preceding the date of
application for township assistance for items or services that are not basic
necessities if, at the time of the expenditure, there were amounts due and
owing for items or services constituting basic necessities. (IC 12-7-2-200.5)
1.40.11
Being evicted from subsidized housing for violation of regulations
and/or guidelines: voluntarily terminating housing assistance without just
cause (as established by the Township Trustee), eviction from present living
quarters because of an act which caused verifiable damage to a rental unit by
the applicant or any adult member of the applicant's household, or the
applicant invites or allows other adults to use or move into their household. (IC
12-7-2-200.5)
1.40.12
Failure to liquidate non-essential assets within the prescribed time
frame (60 days).
1.40.13
Refusing to sign the required "Reimbursement Authorization"
form for poor relief services received during the interim period an individual
is awaiting a determination of eligibility from the Social Security
Administration for Supplemental Security Income benefits.
(IC 12-20-27-1.5)
1.40.14
Failure to complete assigned Workfare or to comply with the Workfare
requirements as outlined by these standards (see 2.10.00 - 2.10-08).
Denial may be for a period not to exceed one hundred eighty (180) days. (IC 12-20-11-1 (h))
1.40.15
Failure to complete and maintain monthly report forms as required by
governmental programs offering assistance for the basic necessities of living;
failure to make application; or not cooperating with the agency by doing
everything necessary to qualify and maintain public assistance.
Denial up to sixty (60) days. (IC
12-20-6-1)
1.40.16
Failure to cooperate with, or to provide the Trustee's office with the
necessary information for determining eligibility.
(IC 12-20-6-1)
1.40.17
Making an assignment of or transferring assets, by an applicant or
another member of an applicant's household, to make a household eligible for
poor relief during the sixty (60) days immediately prior to the date of the
filing of an affidavit and application for poor relief.
(IC 12-7-2-200.5)
1.40.18
1.40.19 Failure
to file paternity actions when necessary and appropriate, or failing to take
the necessary legal action to pursue child support. (IC 12-14-2-24)
1.40.20 Failure
of the applicant or a member of an applicant's household to apply "one
time" monetary awards toward the household's monthly basic need expenses.
One time monetary awards may include, but are not necessarily limited
to the following: Energy
Assistance, retroactive Social Security payments, Workmen's Compensation,
inheritances, pensions, insurance settlements, income tax returns, or any cash
award. (IC 12-20-16-1)
1.40.21
Moving
into or coming to the Township for the specific purpose of applying for and/or
receiving Township poor relief services.
1.40.22 The
Township will not extend aid to a poor relief applicant or any member of an
applicant's household, except for burial assistance, if any member of that
household has been denied assistance or sanctioned by the local office of
Family and Social Services Administration for non-compliance.
(IC 12-7-2-200.5)
1.40.23 If a
person is convicted of an offense under IC 35-43-5-7 (Welfare Fraud), the
Trustee will not extend aid to or for the benefit of the individual for the
following periods: one (1) year
if convicted of a misdemeanor; ten (10) years if convicted of a felony. (IC 12-20-6-6.5) A
person who is convicted of poor relief fraud is denied poor relief assistance
for thirty (30) years. (IC
12-20-1-4D)
1.40.24 A
Trustee may not extend aid to or for the benefit of an individual (or
household in which that individual resides) if that aid would pay for goods or
services provided to or for the benefit of the individual during a period that
the individual has previously applied for and been denied Township poor
relief. (IC 12-20-6-6.6)
1.50.00
INCOME DEFINED - "Countable income" means a monetary amount
either paid to an applicant or a member of an applicant's household not more
than thirty (30) days before the date of application for poor relief, or
accrued and legally available for withdrawal by an applicant or member of an
applicant's household at the time of application or not more than thirty (30)
days after the date of application for poor relief.
The term includes the following: (IC 12-7-2-44.7)
1)
Gross wages before mandatory deductions
2)
Social Security benefits, including Supplemental Security Income.
3)
Temporary Aid for Needy Families (TANF)
4)
Unemployment compensation
5)
Worker's compensation (except compensation that is restricted for the
payment of medical expenses).
6)
Vacation pay
7)
Sick benefits
8)
Strike benefits
9)
Private or public pensions
10)
Taxable income from self-employment
11)
Bartered goods and services provided by another individual for the
payment of non-essential needs on behalf of an applicant or an applicant's
household if monetary compensation or the provision of basic necessities would
have been reasonably available from that individual.
12)
Child support
13)
Gifts of cash, goods or services
14)
Private or public loans as accountable income (loans; personal or
commercial).
15)
Other sources of revenue or services that the Trustee may reasonable
determine to be countable income; such as (but not limited to) tax refunds and
any "one time" monetary award(s) or settlements.
1.50.01
COUNTABLE INCOME - An applicant's and members of an applicant's
household's "countable income" will be used to determine
eligibility. Income guidelines to
be used for determining the eligibility of a given household may be found on
Schedule G. The Township shall
provide necessary aid only when it does not violate any state or federal law.
1.60.00
ELIGIBILITY (TANF) – The trustee has no obligation to extend aid to a
recipient of TANF assistance under IC 12-14-1 through IC 12-14-9.
1.70.0
RECEIPTS -
When an applicant applies for poor relief assistance, both initially and on a
continuing month-by-month basis, all members of the household must verify how
their income was expended. Hand-written
receipts provided by friends or relatives are considered unacceptable, unless
notarized. Only receipts for the
basic necessities of living will be recognized.
Receipts from expenditures for court related expenses, such as:
attorney fees, probationary fees, drug and Alcohol program fees, fines,
court costs, bail, user fees for an In-home Detention program, restitution,
judgments, or any other expenditures directly or indirectly associated with
the applicant or a member of the applicant’s household because of their
involvement with the courts will not be recognized as a legitimate expense.
Expenditures for items not considered "basic necessities"
will be considered "wasted resources".
Expenditures undocumented by receipts will be counted as unexpended
income. Each household will be
required to submit a monthly Household Budget Form (see Schedule G).
(IC 12-7-2-200.5)
1.70.01
BASIC NECESSITIES DEFINED - "Basic necessities" includes
those services or items essential to meet the minimum standards of health,
safety, and decency, including the following: {1} medical care described in IC
12-20-16-2; {2} clothing and footwear; {3} food; {4} shelter; {5} household
essentials; {6} essential utility services; {7}other services or items the
Trustee determines are necessities. (IC
12-7-2-20.5)
1.80.00
COUNTABLE ASSETS - Households requesting assistance must also
report all assets belonging to any member of the household.
Countable assets are non-cash property that is not necessary for the
health, safety, or decent living standard of a household; which are owned
wholly or in part by the applicant or a member of the applicant's household,
and the applicant or the household member has the legal right to sell or
liquidate. Countable assets include; real property other than property
that is the primary residence of the household, savings and checking accounts,
certificates of deposit, bonds, stocks, or other intangibles that have a net
cash value, boats, other vehicles or any other personal property used solely
for recreational or entertainment purposes.
(IC 12-7-2-44.6) and (IC 12-20-7-3.5).
1.90.00
LIQUIDATION - All members of the household will be expected to
liquidate any of the "countable assets" listed in 1.80.00, or other
unnecessary items of a similar nature, as soon as possible, but no longer than
sixty (60) days from the date that their initial application is filed.
However; nonessential assets purchased by any member of a household after
having applied for poor relief, must be liquidated immediately before further
assistance can be authorized.
1.90.01
EXEMPTIONS - Assets which are exempt from liquidation will include
one house OR mobile home in which the household resides, and one automobile,
so long as the equity does not jeopardize the household from qualifying for
other state or federal assistance programs.
Whenever the poor relief funds are used directly or indirectly to pay
the household's mortgage payment, the Township may place a lien (see Schedule
I) against the property in order to recover the equity value of such payments
after the property has been sold.
2.00.00
EMPLOYMENT - If an applicant and/or any member of the applicant's
household is in good health, the Trustee shall require that those able to
labor shall seek employment. The
Trustee shall refuse to furnish any poor relief assistance until the Trustee
is satisfied that the poor relief applicant or members of the applicant's
household is endeavoring to find work. Furthermore,
if the applicant or household member is offered employment, regardless of
whether the compensation is in the form of money, rent, or other necessities,
or refuses employment at a reasonable compensation offered by any other
individual, governmental agency, or employer; the Trustee shall not furnish
assistance to the applicant until they perform the work or show just cause for
not performing the work. All
able-bodied adult members of the household will, at a minimum, be required to
keep their employment card updated with the Indiana Department of Workforce
Development and be willing (registered) to accept employment at the federal
minimum wage level. The Trustee will also require all adult members of an
applicant's household to complete ten (10) employment referrals and submit
them to the Trustee on a monthly basis. (IC
12-20-10-1) and (IC 12-20-10-2)
2.00.01
MEDICAL EXEMPTION FROM WORK -
If an applicant or a member of an applicant's household claims an inability to
work due to health, the Trustee may require a current physician's statement
indicating whether the applicant or household member is able to perform work.
(IC 12-20-10-3.5)
2.10.00
WORKFARE -
The Trustee shall obligate any adult member of a household receiving
poor relief to participate in Workfare. Suitability
to perform available work shall be determined by the Trustee. (IC 12-20-10-3.5) and (IC 12-20-11-1) The Trustee shall
require any adult member of a recipient household to do any work needed to be
done within the township or an adjoining township in any other county for any
non-profit agency or governmental unit, including the state, having
jurisdiction in those townships (IC
12-20-11-1)
2.10.02
WORKFARE CRITERIA - Minimum criteria for satisfactory participation
in the Workfare program is 16 hours per week, unless otherwise scheduled or
excused by the Trustee. Unexcused
absences for scheduled Workfare assignments, or not following through with all
requirements, will result in the reduction or discontinuance of poor relief
assistance for one-hundred eighty (180) days.
Workfare guidelines (see Schedule H)
will be discussed with each Workfare recipient, they will sign and receive a
copy. Any Workfare obligations
incurred in another township will be carried forward to the gaining township,
unless the applicant or household member failed to comply with the former
township's guidelines for Workfare participation, at which point they will be
denied. (IC 12-20-11-1) and (IC
12-20-11-4)
2.10.03
WORKFARE PARTICIPATION - The recipient is required to maintain the
minimum criteria that are necessary for the fulfillment of his/her work detail
responsibility until such time as his/her obligation with the Township is
satisfied. Recipients shall not
be permitted to voluntarily work in advance of receiving poor relief
assistance in order to accrue work detail credit.
It is the sole responsibility of the recipient to meet the criteria of
Workfare participation. In
satisfying this obligation, only the recipient or members of the recipient
household shall be allowed to perform the required work.
2.10.04
WORKFARE COMPENSATION - Work performed is considered a satisfaction
of a condition for poor relief and is not considered as services performed for
remuneration or as repayment for poor relief assistance.
The recipient shall be required to do an amount of work that equals the
value of assistance already received by his/her household.
The recipient shall receive credit for the work performed as assigned
by the Trustee at a rate not less than the federal minimum wage. (IC
12-20-11-1 (c)) and (IC 12-20-11-5)
2.10.05 WORKFARE
EXCEPTIONS - Recipients may be excused from Workfare only for the
following reasons: (IC 12-20-11
(a))
a)
The obligated individual(s) is not physically able to perform the
proposed work and provides medical evidence.
b)
The obligated individual is a minor or is at least sixty-five (65)
years of age.
c)
The obligated individual has full-time employment at the time the
recipient receives poor relief.
d)
The obligated individual is needed to care for an individual as a
result of the individual's age or physical condition.
e)
The Trustee determines that there is no work available for any adult
member of the recipient's household.
f)
The individual obligated to perform work is, at the direction of the
Trustee, attending educational or self-help courses.
2.10.06
WORKFARE RESTRICTIONS - A recipient shall not be assigned to work
which would result in the displacement of governmental employees or in the
reduction of hours worked by those employees (IC 12-20-11-1 (g))
2.10.07 WORKFARE
WORKER'S COMPENSATION - The Township will carry medical and burial
coverage on all individuals performing work under the provisions of IC 22-3-2
and IC 22-3-6.
(IC 12-20-11-5 (a))
2.10.08 WORKFARE
REIMBURSEMENT - The Trustee may not seek federal or state reimbursement,
foreclose a lien, or otherwise seek re-payment of assistance for which a
recipient or an adult member of the recipient's household has satisfactorily
completed a Workfare requirement. (IC
12-20-11-5 (b))
2.20.00 FOOD
ORDER ALLOTMENTS - Food
allotments provided to an eligible household, are determined by the household
size and other criteria as established by these standards.
Food orders can only be purchased directly from a combined grocery and
meat market. The food allotment
each household may receive is contained in Schedule I.
The Trustee will administer poor relief allotments on a weekly basis.
(IC 12-20-16-5)
2.20.01
FOOD ORDER LIMITATIONS - It shall be unlawful for the Trustee to
issue a food purchase order for more than thirty (30) days unless the
individual filed an application with the Trustee that includes evidence of an
application for food stamps with the Family and Social Services Administration
and the amount of assistance received or the reason for denial of assistance.
The only conditions under which the Trustee may purchase food for an
eligible food stamp family are: (IC 12-20-16-6)
a)
During the interim
period when an applicant or a household is awaiting a determination of
eligibility from the food stamp office and ending not more than five (5) days
after the day the applicant or household becomes eligible to participate in
the federal food stamp program.
b)
Upon loss of the
family's food supply by spoilage, fire or the act(s) of nature.
c)
Upon a written
statement from a physician indicating that at least one (1) member of the
household needs a special diet, the cost of which is greater than can be
purchased with the household's allotment of food stamps.
2.20.03
NON-FOOD ITEMS - Necessary household supplies which is referred to
as "paper products" will be administered according to the table
found in Schedule K. Other
household necessities may be furnished by the Township when a need is
determined. (IC 12-7-2-20.5)
2.30.00
SHELTER - The Township shall provide aid in whatever form is
necessary to provide shelter or prevent the loss of shelter so long as such
aid constitutes the most economical and practical method of relieving the
applicant and does not violate any state of federal law.
Shelter payments for safe and decent housing will be based on the fair
market value in Wayne Township and will comply with the amounts contained in
Schedule J.
Clients will not be denied shelter assistance merely because they are
buying their home. However; the amount paid on behalf of a client may not exceed
the shelter allowance standards contained in Schedule L, and must still meet
the test of being the "most economical and practical" method of
relieving the applicant.
2.30.01
SHELTER DEFINED - "Shelter" means a house, a mobile home,
an apartment, a group of rooms, or a single room that is occupied or is
intended for occupancy as separate living quarters where the occupant or
intended occupant: {1} does not live and eat with any other individual in the
building; and {2}has direct access to the occupant's living quarters from the
outside of the building or through a common hall.
Exceptions to the definition of "shelter" may include,
temporary group homes and/or shelters. (IC
12-7-2-177) and (IC 12-20-17-2)
2.30.02
SHELTER DOCUMENTATION - Whenever an applicant requests assistance
from the
2.30.03
SHELTER RESIDENCY - It is necessary for the Trustee to make some
determination as to the applicant's living arrangements and whether they are
physically living in the township, or whether they intend to make Wayne
Township of Allen County their permanent place of residence.
In cases of emergency, however, the Trustee may provide temporary
assistance to applicants who are temporarily in the township unless the
applicant is specifically in the township for poor relief benefits.
This should not be interpreted or construed to mean that individuals
living in the adjoining townships may come to Wayne Township for emergency
shelter assistance or for help to move into Wayne Township.
The township in which they presently reside is still obligated to
investigate the circumstances of the distressed person(s) and render whatever
assistance is necessary. (IC 12-20-6-9 (1))
2.30.04 SHELTER
LIMITATIONS - The Trustee
will not use poor relief funds to pay the cost of an applicant's shelter with
a relative who is the applicant's landlord if the applicant lives in:
{1} the same household as the relative; or {2}housing separate from the
relative and either housing is unencumbered by mortgage, or the housing has
not been previously rented by the relative to a different tenant at reasonable
market rates for at least six (6) months.
(IC 12-20-6-10) The Trustee will also not pay for shelter assistance for
circumstances listed in 1.40.05 of these standards. (IC 12-20-16-17 (g)) The
Trustee will not use poor relief funds to or for the benefit of individuals
residing at an address that has been deemed as used for illegal activities, or
where the landlord resides at same address as the applicant.
Clients whose residences have been deemed as sites for use or sale of
illicit narcotics or controlled dangerous substances, gambling, or
prostitution will be denied further assistance for 180 days.
2.30.05
SHELTER LIEN (RELATIVE) - If shelter payments are made to a
relative of a poor relief applicant on behalf of the applicant or a member of
the applicant's household, that are not in conflict with 2.30.04 of these
Standards, the Trustee may file a lien against the relative's real property
for the amount of poor relief shelter assistance granted.
(IC 12-20-6-10 (d))
2.30.06
SHELTER LIEN (APPLICANT) - Applicants will not be denied shelter merely
because they are buying their home. However,
the decision to provide a house payment will be based on whether it is the
most economical and practical method of relieving the applicant.
In addition, if the applicant has equity in his/her real estate that
could provide a means of repayment, the Trustee shall require the applicant to
execute documents granting a lien against the real estate (See Schedule I).
The Township will not consider payment of second mortgages or loans for
consolidated debt against the applicants shelter.
2.30.07
SHELTER MOVING - Clients moving, within sixty (60) days immediately
preceding their application for poor relief, from shelter provided by
relative, or any form, kind, or type of subsidized shelter, will be declared
ineligible for poor relief assistance due to wasting resources.
The burden of establishing good, just, and reasonable cause for having
moved shall be upon the applicant.
2.30.08
SHELTER EMERGENCY PROGRAMS - Emergency shelter assistance (shelter
defined here as a facility that provides temporary emergency assistance) may
be provided to an individual or household which has spent the prior night, or
with the likelihood of spending the night in the immediate future, in an
environment considered to be unsafe or unhealthy.
However, the Trustee is not obligated to enter into a contract with, or
to pay shelter costs to, a shelter that is supported by federal or state
funds. (IC 12-20-17-2)
2.30.09
SHELTER INSPECTION - The Trustee may employ the services of a
housing inspector to inspect all housing units.
A Township housing inspector shall use HUD standards, local building
codes, and municipal ordinances in determining a housing structure's
suitability for habitation. Substandard housing that does not meet minimum standards of
health, safety, and construction is not eligible for shelter payments; or
damage or security deposits paid from or encumbered by Township funds.
If the Trustee determines that a housing unit is substantially below
minimum standards, the Trustee, when necessary, shall assist the applicant in
obtaining appropriate alternate shelter. (IC 12-20-16-17) Housing eligible for
WTTO consideration must meet minimum housing standards during each month of
application.
2.30.10 SHELTER
DEPOSITS - The Trustee is not required to spend poor relief funds for a
shelter damage or security deposit for an eligible poor relief applicant or
household. However, the Trustee
may encumber money for a shelter damage or security deposit by making an
agreement with a property owner who furnishes shelter for a poor relief
recipient or household. If the Trustee would assist with a security deposit,
it will not exceed one hundred fifty dollars ($150) (see Schedule L).
The Trustee will not obligate poor relief funds for the payment of
a damage or security deposit a second time after the Township has financially
paid for damages caused by the applicant to the same or another landlord. The
Trustee will also not obligate or encumber poor relief funds for the payment
of shelter damage or security deposits for applicant already occupying a
shelter unit. The agreement will
include, but not be limited to the following: (IC 12-20-16-17 (f))
a)
The agreement's duration, not to exceed one hundred eighty (180) days
b)
A statement that the agreement may be renewed if both parties agree.
c)
The total value of the encumbered money, not to exceed the value of one
(1) month's rental payment.
d)
A statement signed by both the Trustee and the property owner attesting
to the condition of the property at the time the agreement is made.
e)
A statement that encumbered money may be used to pay the cost of :
{1}verified damages, normal wear excluded, caused by the tenant poor relief
recipient during the duration of the agreement (the Township shall not be
responsible for damages caused by pets, or damages caused by individuals not
listed as members of the applicant's household as contained on the
Affidavit/Application for Poor Relief-PR1); and {2} any unpaid rental payments
for which the tenant poor relief recipient is obligated.
2.30.20
TRANSITIONAL HOUSING -
Wayne Township will pay a maximum of $200.00 for one month at an approved
transitional housing facility. If
further assistance is necessary, the client will be referred to a Wayne
Township Emergency Shelter Program until the client becomes self-supporting or
fails to comply with Wayne Township procedures and guidelines.
(IC 12-20-13-1) In an
emergency situation, where applicants are without shelter, the Trustee shall
refer applicants to whatever shelter is available. The Trustee will not
consider shelter assistance when the landlord resides in the transitional
housing facility.
2.40.00
UTILITY SERVICE AND/OR HEATING FUELS -
The Trustee may, in cases of necessity, authorize the payment of water,
gas or fuels used for heating or cooking and electric services; including the
payment of delinquent bills for such services, when necessary to prevent
disconnection or to restore terminated services.
There are, however, some limitations:
(IC 12-20-16-3)
1) The Township will only consider assistance with actual utility service used (no deposits, trip charges, reconnection fees).
2)
The utility service must be in the name of an adult member of the
requesting household or landlord.
3)
The Township will not pay for illegally secured utility service, such
as placing the service in the name of a child or tampering with a utility
meter.
4)
The Township will not consider the payment of utility bills if such aid
requested would pay for services provided to or for the benefit of the
individual or household during a period that the individual or household had
previously applied for and been denied Township poor relief.
(IC 12-20-6-6.6)
5)
The Township will not consider the payment of "master
metered" utility service when more than one household is served by the
same meter, or for any time period when the household was not financially
eligible for assistance.
6)
The Township will not consider the payment of estimated utility bills
or bills twenty-four (24) months and older.
7)
The Township will not pay or consider the payment of utility bills,
during the period the state's energy assistance program is in effect, until
after the state's energy assistance is credited to the applicant's account.
2.40.01
ENERGY PROGRAMS - During the part of the year when applications for
assistance are accepted by the state's Energy Assistance Program, the Township
will not provide assistance or make any part of a payment for heating fuel or
electric services for more than thirty (30) days unless the individual files
an application for assistance, and shows evidence of this application, for
heating fuel or electric services. The
Trustee will either refer the applicant to the state's Energy Assistance
Program, or the Trustee may certify the poor relief applicant as eligible
using the criteria established for this purpose by the state.
The certification shall be on an application form prescribed by the
Indiana State Board of Accounts. The
Trustee will neither certify nor process Energy Assistance applications for
non-poor relief applicants. (IC
12-20-16-3 (d))
2.40.02
ENERGY PROGRAMS/APPLICANT'S RESPONSIBILITY - During the time the
applicant or member of the applicant's household has been approved for the
Energy Assistance Program, the applicant and/or member of the applicant's
household must continue to make payments on their utility bills as reasonably
determined by the Trustee. Once the
Energy Program has ended, the Trustee will not authorize utility assistance if
payments have not been made by the applicant or member of the applicant's
household unless they have evidence of other emergency payments that prohibited
them from making utility payments.
2.50.00 TELEPHONE
SERVICES -
2.60.00
BURIAL AND FUNERALS OR CREMATIONS - The Trustee shall provide a
person to superintend and authorize either the funeral and burial or cremation
of the deceased individual who resides in this Township.
If the Trustee determines that the deceased individual is a resident of
another township in Indiana, the Trustee shall notify the Trustee of that
township. Payment of benefits from any other source will be deducted
from the allowable maximum. (IC 12-20-16-12)
2.60.01
BURIAL "SUPERINTEND" DEFINED -
The legal definition of "superintend" means to take charge, to
supervise, to manage, or to direct. Therefore,
the person the Trustee provides to superintend shall be responsible for 'taking
charge and supervising', among other things, both the selection of the funeral
home and, if necessary, the cemetery for the deceased.
2.60.02 BURIAL AND FUNERAL OR CREMATION REQUEST - A surviving family member of the deceased individual or the funeral director shall apply for burial assistance. The formal request will involve the completion of the Affidavit and Application for Township Assistance TA1. Assistance will be considered prior to services being rendered.
2.60.03
BURIAL EXPENSES ALLOWED - The Trustee will utilize Schedule M
when providing burial and funeral or cremation assistance.
The Township will not pay for the cost of transporting the remains of any
deceased indigent person back to Wayne Township or to any place outside of this
Township, nor will the Township pay for the transportation to attend funerals.
The Township will not supplement the cost of services nor supplement
other means of payment for services such as insurance policies. (IC 12-20-16-12 (c))
2.60.04
REIMBURSEMENT FOR BURIAL COSTS - A Trustee who provides funeral and
burial or cremation benefits to a deceased individual is entitled to a first
priority claim, to the extent of the cost of the funeral and burial or cremation
benefits paid by the Township, against any money or other personal property held
by the coroner under IC 36-2-14-11. (IC
12-20-16-12 (f))
2.60.05
CREMATION - The Trustee will not cremate a deceased individual if the
deceased individual, or a surviving
family member of the deceased individual, has objected in writing to cremation.
(IC 12-20-16-12 (g))
2.70.00
MEDICAL SERVICES - The Township shall, in cases of necessity,
promptly provide medical assistance for qualifying poor relief applicants who
are NOT provided for in public institutions, or presently receiving or
qualifying for Medicaid. Medicines
and/or medical supplies that are prescribed by a physician will be properly
furnished, unless the medical services being sought are available through
another governmental, insurance, or private program, such as Matthew 25 Health
Clinic. All applicants will be
required to make an application with Medicaid, HCI, or any other program.
The Township shall not be responsible for the payment of
"Co-payments". (IC
12-20-16-2)
2.70.01
MEDICAL EXEMPTIONS - The Trustee will NOT provide to an individual
medical assistance under the poor relief program, if the individual could
qualify for medical assistance for the same service under IC 12-16, Medicaid, or
other governmental medical programs.
(IC 12-20-16-2 (b))
2.70.02
MEDICAL SERVICES PROVIDED - The Township shall pay for medical
services for the eligible and qualifying poor relief applicant:
(IC 12-20-16-2 (c))
a)
Prescription drugs or over the counter drugs as prescribed by a local
physician (prescribed within the prior thirty (30) days) provided the applicant
is eligible for poor relief assistance, has obtained prior authorization from
the Trustee, and cannot obtain the prescription or over the counter drug through
Matthew 25 Health Clinic, or any other program providing a similar service. Only
income received by the applicant (patient) will be considered in determining
eligibility for prescription medication, unless another household member is
legally responsible for the applicant (spouse, child, legal guardian).
b)
Office calls to a physician, provided the individual could not be treated
at Matthew 25 Health Clinic, or any other program providing a similar service,
and having obtained prior authorization from the Trustee.
The cost of visits to a medical specialist cannot be paid by the
Township, unless the applicant was first referred to a specialist.
c)
Dental care needed to relieve pain or infection or to repair cavities,
provided the individual could not be treated at Matthew 25 Health Clinic, or any
other program providing a similar service.
The Township may pay the cost of fillings & extractions only not
covered by the other tax supported programs.
However, the Township will NOT pay the initial cost of dentures.
d)
Emergency room treatment that is of an emergency nature, provided a
proper request for the service is made to the Township office by the applicant
or a member of the applicant's household, within fifteen (15) working days of
the time the services are rendered. However;
a medical emergency does not exist in situations where the illness/injury could
have been treated during a routine office call by a family doctor, and the
applicant could have made contact with the Township office before such visit.
e)
Preparation testing prescribed by a licensed physician.
f)
X-rays and laboratory testing as prescribed by a licensed physician.
g)
Physical therapy prescribed by a licensed physician.
h)
Eyeglasses, provided the applicant has exhausted all other programs
providing a similar service.
i)
Repair or replacement, NOT initial cost, of a prosthesis not provided for
by other tax supported, state or federal programs.
j)
Insulin and items needed to administer insulin.
2.70.03
MEDICAL
PAYMENT SCHEDULE - In accordance with the provisions of IC 12-20-16, the
Township shall utilize the Indiana Medicaid Payment Schedule for determining the
amount to be paid by the Township for medical services rendered. The Township is under no obligation to provide for medical
services and/or prescription drugs that are excluded for payment by the Indiana
Medicaid Program. (IC 12-20-16-2 (d))
2.70.04
INTERIM MEDICAL ASSISTANCE AND REIMBURSEMENT - During the
application pending period for Medicaid (IC 12-15) or other governmental
medical programs, the Trustee may provide interim medical services, if the
individuals are reasonably complying with all requirements of the application
process. Unless prohibited by law, the Township will seek
reimbursement for the payment of medical services from poor relief funds,
provided the individual for which the services were rendered is eligible for
medical services under a state medical plan (IC 12-20-16-2 (b)) and (IC
12-20-162 (e))
2.80.00
TRANSPORTATION - The Township may provide transportation to
individuals seeking employment within or outside the Township only when there is
reasonable evidence provided by the applicant and verified by the Township that
employment is available. The
applicant or household seeking employment must submit employment forms as
outlined in 2.00.00 of these standards.
2.80.01
TRANSPORTATION/NON-RESIDENTS - The Township will not furnish a
nonresident of this township with transportation at the cost of the Township
until the Trustee determines the legal residence of the individual applying for
assistance. Transportation provided
to a nonresident of this township must be in the direction of the nonresident's
legal residence unless it is shown that the individual in need has a valid claim
for support or a means of support in some other place to which the individual
asks to be sent. Citizenship and criminal records will be checked prior to any
assistance for transportation. (IC
12-20-16-11)
2.80.02
TRANSPORTATION AND RE-APPLICATION - Any individual who has been sent
to a place of settlement, by court order, or is transported there at public
expense (poor relief), and who again reapplies for assistance in the township
from which the individual or member of the individual's household was sent, may
be denied poor relief assistance for a period of one hundred-eighty (180) days.
(IC 12-02-9-6)
2.90.00
ESTATES - Subject to IC 12-20-11-05(b) (Workfare assignment and
satisfaction see 2.10-08 of these Standards), a Trustee who furnishes poor
relief assistance, may file a claim against the estate of a poor relief
recipient who: {1} dies, leaving an
estate; and {2} is not survived by a spouse, disabled adult dependent, or
dependent child less than eighteen (18) years of age; for the value of poor
relief assistance given the recipient before the recipient's death.
The estate of a poor relief recipient includes any money or other
personal property in the possession of a coroner under IC 36-2-14-11.
(IC 12-20-27-1)
3.00.00
FUTURE THIRD PARTY BENEFITS - If a Trustee anticipates that a poor
relief applicant or a member of the applicant's household is likely to receive a
judgment, compensation, or a monetary benefits from a third party, the Trustee
may require the applicant or the affected member of the applicant's household to
enter into a subrogation agreement for repayment of any poor relief benefits
provided by the Township during the interim period.
Failure of an applicant or member of an applicant's household to sign the
necessary authorizations for reimbursement to the Township shall result in a
denial of poor relief. (IC
12-20-27-1.5 (b))
3.00.01
INTERIM PERIOD DEFINED - "Interim period" means the period
beginning when a Township Trustee obtains from a poor relief applicant, or
member of the applicant's household, an agreement or authorization and ending
when the applicant or household member receives the judgment, compensation, or
monetary benefit or leaves the household. (IC
12-20-27-1.5 (a))
3.10.00 SUPPLEMENT SECURITY INCOME - An applicant or member of an applicant's household must make an application with the Social Security Office when referred by the Trustee. Individuals must sign a Social Security Administration's Reimbursement Authorization form (see Schedule C) for the repayment of any township benefits provided by the Township during the interim period. Failure to sign the Reimbursement Form will result in denial of township benefits. (IC 12-20-27.1.5 (b))
3.20.00
CONCLUSION - All decisions regarding eligibility will be based on
these standards and the Indiana Poor Relief statutes. The Trustee shall always
consider whether the applicant's or household's needs can be relieved by means
other than an expenditure of township money (IC 12-20-17-1).
The Township shall not be obligated to pay for services or the cost of
goods incurred when an applicant's household had sufficient income or resources
to have paid for either the goods or services.
These standards will be adopted by the Township Board and posted at the
Township Trustee's Office. Additional
copies will be furnished to the County Commissioner's, and recorded in the
Office of the County Recorder. Any
member of the public will be permitted to inspect and copy these standards at
their own expense. The Standards
will be reviewed and updated annually to reflect changes in the cost of basic
necessities in the Township and changes in law (IC 12-20-5.5 (b))
4.00.00
SEVERABILITY – Should any of these standards be declared
unconstitutional or unenforceable by a court of competent jurisdiction, all
other parts shall be separate from such and remain in full force and effect
until duly amended, revised or replaced according to law.
We
expect everyone who comes into the Township office to be treated in a courteous
and dignified manner. We likewise
expect the staff of the Township to be treated in a similar manner. The Township office is intent on assisting the poor of this
Township and will endeavor to provide necessary assistance within the limits of
the law and these Standards.
The essential
commitment of the Wayne Township Trustee's Office is to provide prompt,
necessary relief to eligible citizens and residents of our township.
It is dedicated to the important role of providing temporary emergency
assistance to those whose personal efforts have not enabled them to meet life's
challenges on their own.
The Trustee's
office is keenly aware of its dual roles. It
is a community leader in countering the effects of the cycles of poverty while
maintaining careful guardianship of the taxpayer's resources.
In performing such roles, the Trustee's office is dedicated to forming strong working relationships with community resources that share it's advocacy of providing the knowledge, the means and above all else, the commitment of enriching the lives of the less fortunate citizens of this township.